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Colbert v. State, No. 4D09-557 (Fla. App. 8/5/2009) (Fla. App., 2009)

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BRYAN COLBERT, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-557. District Court of Appeal of Florida, Fourth District. August 5, 2009. Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Cynthia G. Imperato, Judge, L.T. Case Nos. 99-16595CF10, 99-16598CF10, 99-18076CF10, 99-18652CF10, 03-08714CF10, 03-16804CF10 and 04-11382CF10. Bryan Colbert, Raiford, pro se. No appearance required for appellee. PER CURIAM. With respect to appellant’s claim to be entitled to a sentence of not more than six years, only if a violation is technical or non substantive is a sentence on revocation of supervision limited to six years. See § 958.14, Fla. Stat. (2004) (stating “no youthful offender shall be committed to the custody of the department for a substantive violation for a period longer than the maximum sentence for the offense for which he or she was found guilty, with credit for time served while incarcerated”) (emphasis added)...continue to full post

Full post as published by Florida Criminal Law Opinions on August 05, 2009 (boomark / email).